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2026 DAILYLAW 41669 (KAR)

M/S M G CHARITABLE TRUST v. THE STATE OF KARNATAKA

WA/1506/2026 · 2026-09-24

D K Singh, H Shanthi Bhushan

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010361362026 NC: 2026:KHC:52845-DB WA No. 1506 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 1506 OF 2026 (KLR-RES) BETWEEN: M/S. M.G. CHARITABLE TRUST HAVING ITS OFFICE AT: NO.147, VIRGONAGAR POST, OFF OLD MADRAS ROAD BANGALORE -560 049 REPRESENTED BY ITS TRUSTEE SRI S.V. PRAMOD S/O LATE S M VENKATPATHI AGED ABOUT 40 YEARS. …APPELLANT (BY SRI. ASHOK HARANAHALLI, SENIOR COUNSEL FOR SRI. N. THIMMEGOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA MULTISTORIED BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BENGALURU-560 020. 3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010361362026 NC: 2026:KHC:52845-DB WA No. 1506 of 2026 KHANDAYA BHAVANA, BANGALORE-560009. 4. THE TAHSILDAR BANGALORE EAST TALUK K.R. PURAM BANGALORE-560036. 5. THE TALUK SURVEYOR BANGALORE EAST TALUK K.R. PURAM BANGALORE-560036. …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL AND CONSEQUENTLY SET ASIDE THE JUDGMENT PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.10670/2026 DATED 06.04.2026 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Sri Ashok Haranahalli, learned Senior Counsel assisted by Sri N. Thimmegowda, learned counsel appearing for the appellant, submits that the appellant has approached the Government to construct the Rajkaluve at its own cost, so that - 3 - HC-KAR CNR: KAHC010361362026 NC: 2026:KHC:52845-DB WA No. 1506 of 2026 the water flow is not obstructed, and he is hopeful of getting some relief from the Government. 2. He therefore, submits that writ appeal may be dismissed as withdrawn and some limited relief be granted in the meantime, not to carry out the demolition for a period of one month, by the respondent/State Authorities. 3. Considering the said submission, we dispose of this writ appeal restraining the respondent/State Authorities not to carry out demolition for a period of one month in pursuance to the impugned notices dated 02.03.2026 and 18.03.2026 issued by the Tahsildar, Bengaluru East Taluk, Bengaluru. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE NG CT:SM List No.: 1 Sl No.: 4